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Board of Trustees Minutes June 18, 2007

A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, June 18, 2007 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials presided:

Mayor Schmidt

Trustee Brennan

Village Manager Herbek

Trustee Gallelli

Village Attorney Feldman

Trustee Kane

Treas. Zambrano-absent

Trustee Konig

1. CALL TO ORDER:

Mayor Schmidt called the meeting to order at 8:00 p.m.

Village Manager Herbek sadly reported that the Village lost three individuals this week: Tom Ferguson Jr. who, several years ago, was in intern when he was just out of college; Tom was a valuable asset; after his internship here, he went to work in Briarcliff Manor then became the first Village Administrator to the Borough of Spring Lake, NJ. Village Manager Herbek stated that Croton Fire Dept personnel and other Village employees attended the memorial mass in NJ. Another loss to the Village is Wayne Revell, information technology expert who kept the Village’s computer system operating; on Thursday he had a fatal heart attack. The third person is Phil Tully, the Village’s long-term Village Engineer who passed away over the weekend; Mr. Tully started in Croton-on-Hudson in 1967 and was employed
until 1997 when he retired; he will certainly be missed.

2. APPROVAL OF VOUCHERS:

Trustee Kane made a motion to approve the vouchers as follows, subject to review by the Audit Committee. The motion was seconded by Trustee Brennan and approved unanimously.

General Fund

$2,283,012.28

Water Fund

$353,076.77

Sewer Fund

$26,734.79

Capital Acct.

$11,697.07

Trust & Agency

$493.00

Total

$2,675,013.91

3. PUBLIC HEARING:

Mayor Schmidt opened the Public Hearing to consider Local Law Introductory No. 2 of 2007 for Flood Damage Prevention. Village Manager Herbek stated that there has recently been a new flood insurance rate map establishing 100 year based evaluations for the Village; the NYS DEC has provided the Village with the new updated model local law on flood plane management and the DEC has advised that this new local law must be adopted to remain a participant in the National Insurance Flood Program. Village Manager Herbek read the Statement of Purpose portion of the proposed law.

Having no comments from the floor; Mayor Schmidt closed the Public Hearing. Trustee Gallelli added that this is something the Village has to do to protect itself; it gives the Village Engineer and, in some cases, the Planning Board more ability to ensure that things are done in such a way that will not result in future flood damage for which the Village may be liable. Trustee Kane added that the Village Engineer will be responsible for the permit process. Trustee Konig stated that though a model law was presented, this was tailored to the needs of the community under the leadership of Dan O’Connor; a lot of hard work went into it and it seems pretty thorough. Trustee Kane asked if a fee has been established. Mayor Schmidt replied that one has not been established; however, this goes a
long way to protect the Village. Village Manager Herbek added that, very importantly, it also allows residents to purchase flood insurance.

A motion was made by Trustee Gallelli, seconded by Trustee Brennan to approve passage of Local Law #2, of the year 2007; a local law for Flood Damage Prevention as authorized by the New York State Constitution, Article IX, Second 2, and Environmental Conservation Law, Article 36. The motion was approved unanimously.

4. CORRESPONDENCE:

Village Manager Herbek read the following correspondence (full text available at the Village Office):

a) A letter from Sandra L. Allen, Director, NYS DEC, Division of Water, regarding a commitment renewal to keep NY’s waters healthy and providing current information and tools to help communities face the challenges of protecting and managing water resources. Village Manager Herbek added that this will be available to the public and to any Village Boards. Mayor Schmidt suggested this should be sent to the Water Dept. and the WCC.

b) A letter from Mark Mannix, Director, Government and Community Relations, Metro-North Railroad with information about a new timetable which will be issued on June 11th with service adjustments to affect reverse-peak, off-peak and weekend service; this should not directly affect Croton-on-Hudson.

c) A letter from Emilie Spaulding, Cablevision, regarding standardizing NYC TV, Channel 22 from an analog to digital broadcast basic service effective July 26, 2007; a digital converter box may be needed but all customers will be notified.

d) A letter from Tom Abinanti, Westchester County Board of Legislators, announcing proposed county-wide flood drainage districts and asking for consolidation proposals to help find funding. Trustee Kane stated that this adds another layer to County Government and a paragraph in this memo states that the cost of the project will be considerable; residents should take note of this. Village Manager Herbek stated that he will want to monitor this closely, there are a lot of drainage issues where the flood systems drain to Mamaroneck, City of Rye and those municipalities who were hit by the recent flooding; if this includes setting up districts which include
more taxes, he wants to protect the residents as much as possible. Village Engineer O’Connor suggested starting with watersheds first and do district watersheds. Trustee Gallelli added that she agrees this should be monitored to see what happens; it will be a multi-year project and perhaps something will be specifically tailored to those areas most in need.

e) A letter from Jerry Mulligan, Westchester Dept. of Planning, providing municipalities with a progress statement on the development and implementation of a regional education program to address stormwater control measures.

f) A letter from Nancy and Steve Buckley asking for the Village’s assistance to control wildlife such as the groundhog problem. Ms. Buckley was present and stated that this is a quality of life issue and she has some concerns about the possibility of rabies; she asked the Village to consider developing a plan. Mayor Schmidt stated that they can keep an eye on the population and look at this in the future; the Village does not have a policy to handle this; there are several places on the internet that may offer suggestions to discourage groundhogs from coming into yards. Trustee Kane suggested looking into the DEC web site.

CITIZEN PARTICIPATION-Agenda Items

a) Bob Wintermeier, 43 Radnor stated that regarding control of groundhogs, one of the solutions in Syracuse was to have local hunter shoot them; or residents can buy Have-a-heart traps and transport the animals elsewhere; there are some things to try on an individual basis. Trustee Gallelli stated that she believes transporting trapped animals to another location may be illegal. Mr. Wintermeier added that he wants to know what Cablevision expects to do about this digital box which will be available free for just a year and suggested Cablevision should then reduce the cost of the service to residents. He added that FIOS would be a competitive
offering that would go a long way to get cable rates reduced. Mayor Schmidt replied that they are installing FIOS on a community to community basis and have not approached Croton yet.

Mayor Schmidt announced that Pauline DiSanto, new Village Clerk, is in the audience tonight; she will be replacing Peggy Keesler and started her first day today.

RESOLUTIONS:

a) On motion of Trustee Kane, seconded by Trustee Konig, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, on May 24, 2007 bids were opened for Welding services; and

WHEREAS, the Village received two bids for welding services for needed future welding repairs; and

WHEREAS, John Santella Welding was the low bidder at $64 per hour for the welder and $34 per hour for the welder’s helper; and

WHEREAS, the proposal is for an hourly rate since the actual hours needed are dependent on the amount of welding repairs needed for the year; and

WHEREAS, the Superintendent of Public Works recommends that the bid be awarded to John Santella Welding of Putnam Valley, NY at the rate of $64/hour and $34/hour for the welder’s helper; and

WHEREAS, the bid is for two years with an option to extend it for an additional year,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the bid to John Santella Welding for welding services.

Discussion: Trustee Brennan stated that the bid was out there, but the Village only received 2 bids.

b) On motion of Trustee Gallelli, seconded by Trustee Brennan, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, on May 24, 2007 two bids for tree trimming and removal were received and opened; and

WHEREAS, Goldens Tree Service was the low bidder at $1,196.40 per day; and

WHEREAS, The Superintendent of Public Works recommends that the bid be awarded to Goldens Tree Service,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the bid to Goldens Tree Service of Montrose, NY at a rate of $1,196.40 per day.

Discussion: Trustee Brennan mentioned that again only 2 bids were received.

c) On motion of Trustee Kane, seconded by Trustee Konig, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, on April 16, 2007 the Night Security Bid was awarded to Special Services Bureau, Inc. of Bronx, NY; and

WHEREAS, Special Services Bureau is no longer able to fulfill the contract; and

WHEREAS, the Village Attorney has recommended that the Village award the bid to the second lowest bidder, PEC Group of New York, Inc at a rate of $15.75 per hour and $23.63 per hour on holidays; and

WHEREAS, the Superintendent of Parks and Recreation has spoken with representatives at PEC Group and they are able to take over the security job,

NOW, THEREFORE BE IT RESOLVED: that the Village Manager is authorized to award the bid proposal to PEC Group of New York, Inc. at the amount of $15.75 per hour and $23.63 per hour on holidays.

Discussion: Trustee Brennan asked how much of a difference between the two bids. Mayor Schmidt replied that it is just a couple of dollars more.

d) On motion of Trustee Brennan, seconded by Trustee Kane, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, Danny Oks has applied for a renewal of the Special Permit Application for Something Good in the World; and

WHEREAS, the Special Permit is subject to variances that must be issued by the Zoning Board of Appeals; and

WHEREAS, the applicant is not scheduled to be heard by the Zoning Board of Appeals until July 11, 2007; and

WHEREAS, the Special Permit expires on July 19, 2007,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby issues a 60-day extension effective July 19, 2007 to Something Good in the World in order to have time to consider the renewal of the Special Permit.

e) On motion of Trustee Brennan, seconded by Trustee Kane, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, the Croton Caring Committee for the past 25 years has provided vital services to the Croton Community; and

WHEREAS, among those services the Croton Caring Committee provides 8 luncheons a year to the frail elderly of the Village; and

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the agreement with the Croton Caring Committee whereby the Village will reimburse the Committee for the cost of the 8 luncheons at a total cost of $7,028.56.

f1) Trustee Brennanmade a motion to add to the resolution that follows (F2), that there will be no adverse environmental impact by granting the renewal of this Special Permit. Trustee Kane seconded the motion, approved unanimously.

f2) On motion of Trustee Brennan, seconded by Trustee Kane, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, Joanne Kondratowisz of 80 Morningside Drive has applied for a renewal of her Accessory Apartment Special Permit which expires on July 6, 2007; and

WHEREAS, the Code Enforcement Officer has inspected the premises and has determined that there have been no changes made to the premises; and

WHEREAS, the applicant meets all the necessary requirements as stated in Section 230-41 of the Village Code,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby renews the Special Permit for an Accessory Apartment for an additional three years,

AND BE IT FURTHER RESOLVED: that the applicant will have the option to renew the special permit for an additional three years and should apply to the Village Board for this renewal no later than 90 days before July 6, 2010.

g) On motion of Trustee Kane, seconded by Trustee Gallelli, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, Westchester County may utilize Village Police Officers to teach police officers certain police training related courses at the Westchester County Police Academy; and

WHEREAS, an intermunicipal agreement has been prepared by the Westchester County Department of Public Safety,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the Police Academy Instructor Training Agreement with Westchester County which allows for Village police officers to provide training at the Academy.

h) On motion of Trustee Brennan, seconded by Trustee Gallelli, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, the Village has hired Frederick P. Clark Associates and Wormser Kiely Galef & Jacobs to help with the revisions of the Village’s environmental laws; and

WHEREAS, a Public Hearing on Local Law Introductory No. 6 of 2006 amending chapter 227 – Wetlands was held on March 20, 2006; and

WHEREAS, it was determined that the proposed Wetlands Law should not be adopted until the Village was ready to adopt the new Stormwater regulations; and

WHEREAS, aproposed local law in relation to stormwater management and erosion and sediment control; illegal discharges and illicit connections to separate storm sewer system has been prepared,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees calls for a Public Hearing at 8pm on July 16, 2007 in the meeting room of the Stanley H. Kellerhouse Municipal Building to consider Local Law Introductory No. 6 of 2006, amending Chapter 227 – Wetlands.

i) On motion of Trustee Kane, seconded by Trustee Brennan, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, the Village has hired Frederick P. Clark Associates and Wormser Kiely Galef & Jacobs to help with the revisions of the Village’s environmental laws; and

WHEREAS, Local Law Introductory No. 3 of 2007 has been drafted, alocal law in relation to stormwater management and erosion and sediment control; illegal discharges and illicit connections to separate storm sewer system; and

WHEREAS, this law has been reviewed by Village staff, the Planning Board, the Water Control Commission, and has been discussed at a Board of Trustees work session,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees calls for a Public Hearing at 8pm on July 16, 2007 in the meeting room of the Stanley H. Kellerhouse Municipal Building to consider Local Law Introductory No. 3 of 2007, alocal law in relation to stormwater management and erosion and sediment control; illegal discharges and illicit connections to separate storm sewer system.

j) On motion of Trustee Kane, seconded by Trustee Gallelli, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, at the February 5, 2007 Regular Village Board Meeting, T-Mobile applied for a special permit to construct communications facilities including antennas and equipment to be located in interior space and on the roof of the Municipal Building; and

WHEREAS, such communications facilities would greatly improve cellular service and emergency communications services within the Village; and

WHEREAS, the first step in this process has been to prepare a lease agreement to allow for the rental of Village property for the purpose of constructing a communication facility; and

WHEREAS, the lease agreement is subject to special permit approval by the Village Board of Trustees as described in Chapter 206, Telecommunications Towers, of the Village Code and Site Plan Approval by the Planning Board before any construction can take place,

NOW, THEREFORE BE IT RESOLVED: that based upon the short environmental assessment form the Village Board of Trustees hereby adopts a negative declaration with respect to the signing of the lease agreement,

AND BE IT FURTHER RESOLVED: that the Village Manager is authorized to sign the lease agreement with T-Mobile providing for the rental of Village property for the purpose of constructing and providing communications services, subject to final changes currently in discussion with the Village Attorney.

7. CITIZEN PARTICIPATION – NON-AGENDA ITEMS:

a) Richard Pellicci, 65 Radnor Ave., stated that the Connecticut Dept. of Justice expanded indictments on the Federal investigation of the waste industry which included two individuals employed by Allied Waste; a copy of this indictment was sent to Village Trustees today; it is impossible to control this type of business with permits and laws. Mr. Pellicci suggested that the entire Board should be informed when an individual on the Board speaks to editorial boards of newspapers. Mr. Pellicci read an article regarding a statement by Trustee Kane. Mr. Pellicci added that they are starting the cleanup of Croton’s planting areas a little late this year; he asked that residents keep their garbage in their cars and not throw it in the streets; only two people are
doing the cleanup now. Trustee Brennan added that the circle at Cleveland and Benedict looks beautiful and gave thanks to Richard and Karen. Mayor Schmidt added that there is no way for the Village to maintain all the property in the Village without added costs; if people would adopt one little area to keep neat and clean, it would go a long way to beautify the Village. He added that the DPW will help with mulch or anything of that nature.

b) Bob Wintermeier, 43 Radnor Ave., stated that he had more information about florescent bulb breakage and suggested it can be added to the Village newsletter: ‘What never to do with a mercury spill and what to do if a florescent light breaks’ is from the EPA web site. Trustee Kane added that he has given similar information to Janine King and it may be on the Village web site already. Mr. Wintermeir stated that he received calls about Trustee Kane’s comments about Mayo’s Landing; he asked who initiated the contact and stated that he would like to know where Trustee Kane stands on the agreement. Trustee Kane replied that he did not initiate the contact with the Journal News and his comments are public; he voted for it, but had reservations. Mr.
Wintermeir asked what Trustee Gallelli’s opinion is on the recommendation since she was not present for that meeting. Trustee Gallelli replied that she would have added her vote to the majority; they have to see how it works out this summer- if the new regulations reduce the impact on the area. Mayor Schmidt stated that what has been done at Mayo’s Landing is working, the police boat, the Police and the Park ranger have made a presence; there was a little bit of a problem this weekend because the County Park was closed because of the Clearwater Festival but, overall, it seems to be working. Village Manager Herbek stated that he made two trips to Mayo’s Landing on Saturday and at the first trip he saw one car; later in afternoon, there were no cars, but when he went down the hill, he saw Michael Goetz and his dog running. Trustee Kane added that he feels the restrictions had no ecological value to the site; the Board should think carefully what to plant
there. Mayor Schmidt added that Supervisor Puglisi sent a letter suggesting several dates to meet with the public again.

8. APPROVAL OF MINUTES:

Trustee Kane made a motion to approve the minutes of the Regular Board Meeting held on June 4, 2007 as corrected. Trustee Konig seconded the motion. The Board voted unanimous approval.

9. REPORTS:

Village Manager Herbek reported that he received a letter from Ralph Butler, Westchester County Public Works, regarding the transfer of County roads 7 and 305 to the jurisdiction of Croton-on-Hudson; affecting the area around Croton Point Ave., S. Riverside Ave. to the end of Croton Point Ave. Bridge and S. Riverside to Van Cortland Manor. He also had a report from Ken Kraft on the bad wind storm on 5/16; in those 10 minutes, 35 street trees fell or were destroyed on Alexander Lane, Radnor Ave., Emerson Ave., Observatory and Young and single trees were lost on several other streets; most were old, large trees; probably an equal number of private trees were lost. He added that the DPW is just about at the end of the clean up now.

Trustee Konig asked what can be said to the public about 1A Croton Pt Ave. Mayor Schmidt stated that there are a lot of things still being juggled; they have met in executive session with the Village Attorney; are waiting for a hearing in Appellate Court and are considering other avenues for options. Trustee Konig reported that she read two proclamations at the Eagle Scout meeting; two Croton students received Eagle Scout status; it was very inspiring to see these young men and it was a proud moment to their families and scouting in Croton. Trustee Konig commented on the flowers and landscaping on Benedict and it is good for people to know it is a volunteer project; perhaps people didn’t know that. Mayor Schmidt added that there also are other people contributing to
maintaining areas in the Village.

Trustee Kane reported that they attended a three-day training school with a dozen courses held by the NYS Municipal Officials Assoc. in Saratoga Springs. He added that it was very informational, a great experience and highly recommends it.

Trustee Gallelli extended condolences to families of the three people honored tonight by a moment of silence; all were very involved in Croton now and in the past. She added in particular, her condolences to the Tully family; Phil was the Village Engineer for many years and she worked with him on a daily basis; he put in many years of service. Trustee Gallelli stated that they started out tonight with a Public Hearing on flood water and there were six items in correspondence with three regarding water; water is a huge issue in our lives. Trustee Gallelli reported that the Planning Board has a busy summer coming up and are actively involved in subdivision applications including the lease with Nextel for the location by the DPW garage which will be coming back to the Planning
Board; if residents are interested, please sign up to receive the Planning Board agendas. Trustee Gallelli reported that she also attended the NYCOM session with Charlie and Rick and it was a particularly interesting meeting; it posed the philosophical question coming to local government in the future regarding efficiency in government; consolidation of services takes away some from the local authority and this is the dichotomy the Village will be facing as we move forward; should the Village move toward greater consolidation or autonomy; expect to see a lot of things coming in the future.

Trustee Brennan reported that the local High School graduation is this week; he wished all the kids and parents the best of luck and success. Trustee Brennan stated that if you see a street light out, please report it to get it fixed. He added that a good job was done by the DPW to clean up the trees that were down; there are a lot of chips available. He thanked Rich and Karen for cleaning up Benedict and all who volunteer in the Village. Trustee Gallelli commented that the Village web site has detailed instructions on how to report a street light out.

Mayor Schmidt added his sympathies to the families of those who passed away, especially Mr. Tully’s family; even after retirement he still maintained his involvement in the Village; he did a lot for the Village, put a lot of time and effort into the Village and was very proud of it. Mayor Schmidt reported that the Clearwater Festival was this weekend; this was the first time they charged a parking fee this year. He reported also that last week he attended the groundbreaking for new construction at Hudson Valley Hospital; it was nice to represent the Village. Mayor Schmidt added that he also attended the NYCOM sessions; one of the best speakers was a professor from Geneseo who spoke about the importance of local government and people working together for a common goal; but also
the governor sent a speaker down to discuss consolidation of services, which is one way to reduce taxes and everyone is looking for ways to reduce the tax burden.

Trustee Brennan made a motion to adjourn. Trustee Kane seconded the motion; approved unanimously. The meeting was adjourned at 9:30 p.m.